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Calcutta High CourtCRM (NDPS)/590/2023rejected

Sudhir Majhi And ANR v. State Of West Bengal

2023-03-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

30.03.2023.

23.

Ct.No.28 as (Rejected) C.R.M. (NDPS) 590 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domjur P.S. Case No.850 of 2021 dated 26.10.2021 under Section 20(b)(ii)(c) of the NDPS Act.

In the matter of : Sudhir Majhi & Anr.

... Petitioners.

Ms. Devi Priya Mitra.

...for the Petitioners.

Mr. S. K. Dan.

...for the State.

Heard the learned Advocates for the parties.

We have considered the materials on record.

Statements of witnesses and contemporaneous document i.e. seizure memorandum show recovery of narcotics above commercial quantity i.e. 43 kgs. of ganja from petitioners. Date has been fixed for recording evidence of prosecution witnesses.

Under such circumstances and in view of statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioners.

Accordingly, the prayer for bail of the petitioners is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)